Vaktabhai Javanbhai Patel vs Pirabhai Bhemabhai Patel
2021 Latest Caselaw 17968 Guj

    C/SCA/17501/2021                                ORDER DATED: 01/12/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 17501 of 2021
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                       VAKTABHAI JAVANBHAI PATEL
                                 Versus
                       PIRABHAI BHEMABHAI PATEL
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Appearance:
MS MANSI M MULANI(9575) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,10,11,12,13,2,3,4,5,6,7,8,9
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 CORAM:HONOURABLE MR. JUSTICE B.N. KARIA
                  Date : 01/12/2021
                   ORAL ORDER

By preferring present petition, petitioner has requested to quash and set aside the order dated 20 th February 2021 passed below application Exh. 91 in Special Civil Suit No. 22 of 2007 (New Number Special Civil Suit No. 26 fo 2015) so far as partially rejecting the said application and allowing the application below Exh. 91 qua to produce certified copy of the judgment passed in Criminal Case No. 1233 of 2006 passed by the Criminal Court on 30.12.2020.

Heard learned advocate for the petitioner. Having heard learned advocate for the petitioner and the issue involved in the petition, no notice is required to be issued to the respondents.

It appears that during the arguments of the petitioner before the court below in Civil Suit No. 14 of 2015 and 26 of 2015, petitioner preferred one application Exh. 91 requesting the court below to permit him to produce certified copy of the

C/SCA/17501/2021 ORDER DATED: 01/12/2021

judgment passed by the Criminal Court in Criminal Case No. 1233 of 2006 as well as depositions recorded in this Criminal Case and reopen his rights of evidence.

From the impugned order passed below Exh. 91, it is observed by the court below that no specific objections were raised by the respondents/defendants in allowing the application Exh. 91 preferred by the present petitioner. However, it appears that the petitioner was permitted to produce a copy of the judgment passed in Criminal Case No. 1233 of 2006 and his right was also opened by the court below to that extent. No further prayer was granted by the court below. As no specific objections were raised by the respondents herein before the court below in permitting to produce the documents ie., copy of the judgment delivered by the Criminal Court in Criminal Case No. 1233 of 2006 as well as depositions recorded in above said Criminal Case, this Court deems it fit to accept the prayer for production of the depositions recorded by the Criminal Court in Criminal Case No. 1233 of 2006 in addition to the judgment passed by the Criminal Court.

This petition is accordingly partly allowed to the extent of permitting the petitioner to produce depositions of the witnesses recorded in Criminal Case No. 1233 of 2006 in the suit.

(B.N. KARIA, J) K. S. DARJI